Virginia Birth Injury Lawyer

Having a child with a birth injury can be frightening and traumatic, and parents are often left confused as to how their child sustained such an injury. Birth injuries are sometimes the result of genetics or unavoidable health problems, but other times, they are the result of failures to conduct diagnostic testing, poorly performed medical procedures, or erroneously prescribed drugs.

If your child was born with a birth injury, your family could be entitled to compensation for their ordeal and suffering. If their injury was avoidable and caused by medical malpractice or a bad drug, it could be possible to file a lawsuit against the liable party.

An experienced medical malpractice attorney can provide parents with the guidance and advice they need during such a trying time. Call a Virginia birth injury lawyer for more information.

Injuries Caused by Medical Malpractice

Most obstetricians are excellent at their jobs, but unfortunately, some lack the experience and training needed to make decisions in the best interest of their patients. Others are more concerned with money or time than the wellbeing of the mothers and children they care for. If a parent believes the birth injury sustained by their child is the result of medical malpractice, they must prove:

  • The defendant owed a legal duty of care to the parent and the baby
  • The defendant breached their duty of care by failing to act in a manner in which a reasonable person would under the given circumstances
  • The breach of duty resulted in the birth injury sustained by the child
  • The birth injury resulted in actual damages

During litigation, the attorney of the parents and child may call in other medical professionals in the same specialty to comment on the medical procedures used during delivery. Physical evidence, such as photographs and medical records may also be admissible proof in a birth injury case.

Drug-Induced Birth Injuries in Virginia

Often, birth injuries are caused by prescription drugs rather than of medical procedures. Sometimes, drugs prescribed during pregnancy can cause harm to children before or shortly after they are born. When such situations occur, parents are often encouraged to file suit against the maker of the drug, pharmacists, and prescribing physicians. Physicians and pharmacists could be brought into a lawsuit if they failed to warn a parent about any potential negative side effects.

To be successful in a prescription drug-induced birth injury case, parents and their Virginia birth injury representative must show:

  • The mother used the drug before or during pregnancy
  • The drug was prescribed by a physician or pharmacist
  • The birth injury sustained by the child is not the result of genetics, disease, heredity, or other related factors
  • The drug is capable of causing birth defects and more likely than not did in this case

Damages awarded as part of a lawsuit will usually go to the child, often in the form of a trust. This can include compensation for medical bills, suffering, and future earning potential and medical care. Parents may also be able to file a lawsuit for his or her emotional distress.

Talk to a Virginia Birth Injury Attorney Today

If your child was injured before or during delivery, you could still be able to get the justice you and your child deserve. However, you do have a limited amount of time to file suit, and if you do not take legal action in a timely manner, you may lose out on the chance to hold the responsible party liable in court. Speak to a Virginia birth injury lawyer today to see if you have a case.